On February 12, 2016, the Federal Circuit issued its en banc opinion in Lexmark International Inc. v. Impression Products Inc., addressing whether its long-standing rules on two key aspects of patent exhaustion remain sound in light of more recent decisions of the Supreme Court. The Federal Circuit reaffirmed its earlier decisions, confirming that a patentee’s U.S. patent rights are not exhausted by a foreign sale of a patented item and that clearly-communicated, otherwise lawful restrictions on resale and reuse do preserve the patent owner’s rights to charge buyers who engage in those acts with infringement.